Guam § 9108 - Medical Services and Supplies.

§ 9108. Medical Services and Supplies.

COL5/12/2020

CH. 9 WORKER’S COMPENSATION

(a) The employer shall furnish such medical, surgical, and

other attendance or treatment, nurse, hospital service, medicine,

crutches, and apparatus for such period as the nature of the injury

or the process of recovery may require. If the employer fails to

provide the same, after request by the injured employee, such

injured employee may do so at the expense of the employer. The

employee shall not be entitled to recover any amount expended

by him for such treatment or services unless he shall have

requested the employer to furnish the same and the employer

shall have refused or neglected to do so, or unless the nature of

the injury required such treatment and services and the employer

or his superintendent or foreman having knowledge of such

injury shall have neglected to provide the same; nor shall any

claim for medical or surgical treatment be valid and enforceable,

as against such employer, unless, within twenty (20) days

following the first treatment, the physician giving such treatment

shall furnish to the employer and the Commission a report of

such injury and treatment, on a form prescribed by the

Commission. The Commissioner may, however, excuse the

failure to furnish such report within twenty (20) days when he

finds it to be in the interest of justice to do so, and he may, upon

application by a party in interest, make an award for the

reasonable value of such medical or surgical treatment so

obtained by the employee. If at any time during such period the

employee unreasonably refuses to submit to medical or surgical

treatment, the Commissioner may, by order, suspend the

payment of further compensation during such time as such

refusal continues, and no compensation shall be paid at any time

during the period of such suspension, unless the circumstances

justified the refusal.

(b) Whenever, in the opinion of the Commissioner, a

physician has not impartially estimated the degree of permanent

disability or the extent of temporary disability of any injured

employee, the Commissioner shall have the power to cause such

employee to be examined by a physician selected by the

Commissioner and to obtain a report containing his estimate of

such disabilities. If the report of such physician shows that the

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CH. 9 WORKER’S COMPENSATION

estimate of the physician has not been impartial from the

standpoint of such employee, the Commissioner shall have the

power, in his discretion, to charge the cost of such examination

to the employer, if he is a self-insurer, or to the insurance

company which is carrying the risk.

(c) All fees and other charges for treatment or service shall

be limited to such charges as prevail in the same community for

similar treatment of injured persons of like standard of living,

and shall be subject to regulations by the Commissioner.

(d) The liability of an employer for medical treatment as

herein provided shall not be affected by the fact that his

employee was injured through the fault or negligence of a third

party, not in the same employ, unless and until notice of election

to sue has been given or suit has been brought against such third

party without the giving of such notice. The employer shall,

however, have a cause of action against such third party to

recover any amounts paid by him for such medical treatment in

like manner as provided in § 9134 of this law.

(e) When an employee of the government of Guam suffers

an injury as defined in § 9103(m) of this Chapter, his or her

department head or other supervisor shall send him or her to the

emergency room or an urgent care facility at the Guam Memorial

Hospital, or any private hospital operating in Guam, for such

examination and treatment as are made necessary by such injury,

and shall furnish to the hospital such information or certification

as the hospital requires.